Undermining Customary Practices in Judicial Rulings: A Maqāṣid-Based Approach to Algeria’s Withdrawal of Its

Abstract

This paper examines the legislative and judicial implications of Algeria’s withdrawal of its reservation to Article 15/4 of the CEDAW Convention, which guarantees women equal rights to freedom of movement and residence. The shift marks a decisive move away from customary norms that once permitted family intervention in women’s travel, reclassifying such practices as violations of individual liberties. Judicial rulings now face the challenge of reconciling traditional expectations with international obligations, while legislators must address the tension between protecting personal freedoms and preserving social cohesion. The analysis highlights how changes in legal terminology reshape judicial priorities, influence the evolution of social customs, and affect family stability. Ultimately, undermining customary norms is not a minor adjustment but a fundamental transformation in the philosophy of law, requiring national institutions to balance compliance with international standards and the realities of local society.